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  • Author: Jeremy de Beer
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
  • Topic: International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, USMCA
  • Political Geography: United States, Canada, North America, Mexico
  • Author: C. Randall Henning
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Cooperation and competition among regional financial arrangements (RFAs) and the International Monetary Fund (IMF) increasingly determine the effectiveness of the global financial safety net (GFSN), which many observers fear is becoming fragmented. Overlap among these crisis-fighting institutions has important benefits but also pitfalls, including with respect to competition, moral hazard, independence, institutional conflict, creditor seniority and non-transparency. The study reviews the RFAs in Latin America, East Asia and Europe to assess their relationships with the IMF and address these problems. Among other things, it concludes: institutional competition, while harmful in program conditionality, can be beneficial in economic analysis and surveillance; moral hazard depends critically on institutional governance and varies substantially from one regional arrangement to the next; secretariats should be independent in economic analysis, but lending programs should be decided by bodies with political responsibility; and conflicts among institutions are often resolved by key member states through informal mechanisms that should be protected and developed. Findings of other recent studies on the GFSN are critiqued. Architects of financial governance should maintain the IMF at the centre of the safety net but also develop regional arrangements as insurance against the possibility that any one institution could be immobilized in a crisis, thereby safeguarding both coherence and resilience of the institutional complex.
  • Topic: Governance, Surveillance, Strategic Competition, IMF
  • Political Geography: Europe, Middle East, Asia, South America, Australia, North America, Global Focus
  • Author: Michel Girard
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Global data standards are urgently needed to foster digital cooperation and manage global tech platforms. No global organization is currently mandated to coordinate the development, maintenance and use of technical standards covering data value chains and policy-oriented standards covering data governance. Precedents exist where standards development work is coordinated by international organizations in sectors of the economy operating across borders, from aviation and maritime shipping to meteorology, food production, public health and the management of the internet. This paper proposes the creation of a Data Standards Task Force (DSTF), which would be entrusted with a dual mandate: enabling the development of technical standards to create data value chains and being accountable for the development of data governance standards needed by regulators to properly frame the leading big tech platforms (Facebook, Amazon, Apple, Microsoft and Google). The ultimate objective of the DSTF would be to create the required architecture for a “single data zone” where data can circulate freely between participating jurisdictions.
  • Topic: Science and Technology, Social Media, Data, Digital Cooperation , Big Tech
  • Political Geography: Global Focus
  • Author: Dieter Ernst
  • Publication Date: 03-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This special report assesses the challenges that China is facing in developing its artificial intelligence (AI) industry due to unprecedented US technology export restrictions. A central proposition is that China’s achievements in AI lack a robust foundation in leading-edge AI chips, and thus the country is vulnerable to externally imposed supply disruptions. The COVID-19 pandemic has further decoupled China from international trade and technology flows. Success in AI requires mastery of data, algorithms and computing power, which, in turn, is determined by the performance of AI chips. Increasing computing power that is cost-effective and energy-saving is the indispensable third component of this magic AI triangle. Research on China’s AI strategy has emphasized China’s huge data sets as a primary advantage. It was assumed that China could always purchase the necessary AI chips from global semiconductor industry leaders. Until recently, AI applications run by leading-edge major Chinese technology firms were powered by foreign chips, mostly designed by a small group of top US semiconductor firms. The outbreak of the technology war, however, is disrupting China’s access to advanced AI chips from the United States. Drawing on field research conducted in 2019, this report contributes to the literature by addressing China’s arguably most immediate and difficult AI challenges. The report highlights China’s challenge of competing in AI, and contrasts America’s and China’s different AI development trajectories. Capabilities and challenges are assessed, both for the large players (Huawei, Alibaba and Baidu) and for a small group of AI chip “unicorns.” The report concludes with implications for China’s future AI chip development.
  • Topic: Energy Policy, Science and Technology, Sanctions, Artificial Intelligence
  • Political Geography: United States, China, Asia, North America
  • Author: Dan Ciuriak, Maria Piashkina
  • Publication Date: 04-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The rapid digital transformation occurring worldwide poses significant challenges for policy makers working within a governance framework that evolved over centuries. Domestic policy space needs to be redefined for the digital age, and the interface with international trade governance recalibrated. In this paper, Dan Ciuriak and Maria Ptashkina organize the issues facing policy makers under the broad pillars of “economic value capture,” “sovereignty” in public choice and “national security,” and outline a conceptual framework with which policy makers can start to think about a coherent integration of the many reform efforts now under way, considering how policies adopted in these areas can be reconciled with commitments under a multilateral framework adapted for the digital age.
  • Topic: International Trade and Finance, Reform, Digital Economy, Multilateralism, Digitization
  • Political Geography: United States, China, Europe, Asia, North America
  • Author: Susan Ariel Aaronson
  • Publication Date: 04-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: From posting photos and videos to tracking physical activity, apps can do almost anything, but while they may seem like harmless fun, they may also pose a threat to personal data and national security. This paper compares the different responses of the United States, Canada and Germany to data risks posed by popular apps such as FaceApp, Facebook, Strava, TikTok and ToTok. These apps and many others store troves of personal data that can be hacked and misused, putting users (and the countries in which they live) at risk.
  • Topic: Security, Digital Economy, Social Media, Data
  • Political Geography: United States, Europe, Canada, Germany, North America
  • Author: Jason Thistlethwaite, Andrea Minano, Daniel Henstra, Daniel Scott
  • Publication Date: 04-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Nearly every year, Indigenous peoples in First Nations communities face property damage, disrupted livelihoods and the severe social and psychological burdens associated with evacuation due to flooding. Perhaps the most striking example is the recurrent flooding that afflicts the Kashechewan First Nation in Northern Ontario, whose residents have been forced to evacuate their homes every spring for 17 years. Although it’s known that Indigenous communities face a greater flood risk and experience more flood emergencies than the general Canadian population, the scope and magnitude of the current threat, and how it might evolve under climate change, has been little studied. This policy brief reports on research at the University of Waterloo that is assessing, quantifying and mapping the flood risk to Indigenous peoples living on reserve lands and includes policy recommendations to help with better understanding and reducing that risk.
  • Topic: Climate Change, Natural Disasters, Indigenous, Flood
  • Political Geography: Canada, North America
  • Author: Sara Ghebremusse
  • Publication Date: 05-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Despite Africa's wealth of natural resources, millions of its people live in extreme poverty. Effective mining governance can help Africa address this imbalance by achieving UN Sustainable Development Goal (SDG) 1 (to end poverty) and SDG 8 (to create sustainable economic growth and decent work for all). Reforms aimed at generating more revenue for national governments to address poverty and building new partnerships between public and private sectors to promote economic growth and boost employment can help achieve these goals.
  • Topic: Poverty, United Nations, Natural Resources, Employment, Sustainable Development Goals, Private Sector
  • Political Geography: Africa
  • Author: Brigitte Vézina
  • Publication Date: 05-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: From commercials to movies to fashion, Indigenous artworks have been misused in ways that are offensive to the artists who created them and disrespectful of the cultures that inspired them. Using Indigenous traditional cultural expressions (TCEs) without acknowledging their sources or providing financial compensation to the artists undermines the TCEs' traditional value and amounts to cultural theft. This paper looks at protecting TCEs using copyright's moral rights approach, which provides intellectual property protection based on acknowledgement, respect and integrity.
  • Topic: Arts, Intellectual Property/Copyright, Culture, Indigenous
  • Political Geography: Canada, North America
  • Author: Meredith Lily, Hugo Perezcano, Christine McDaniel
  • Publication Date: 02-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Canada-United States-Mexico Agreement (CUSMA) — known in the United States as the United States-Mexico-Canada Agreement (USMCA) — was reached on September 30, 2018, and will replace its predecessor if successfully ratified by legislatures in all three countries. Several weeks later, on October 14–16, 2018, thought leaders from Mexico, the United States and Canada gathered for the fourteenth annual North American Forum in Ottawa, Ontario. In light of these events, CIGI initiated a trilateral project to anticipate and predict how North American trade and economic relations would unfold in the near term and further into the future. Three authors, Christine McDaniel, Hugo Perezcano Díaz and Meredith Lilly, each from one of the North American countries, explain the importance of the new CUSMA to their respective countries and how economic relations could be reshaped in the coming months and years. Earlier versions of these papers were presented in a panel discussion at the North American Forum.
  • Topic: International Trade and Finance, Regional Cooperation, NAFTA, USMCA
  • Political Geography: United States, Canada, North America, Mexico
  • Author: Honzhi Yu, Hongying Wang
  • Publication Date: 02-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In contrast to the growing profile of the Chinese government in global governance, the engagement of Chinese industrial actors in global rule making is quite limited and uneven. Some Chinese industrial leaders have shown an ambition to participate in global rule making in their respective realms; most of the others still lack interest or capacity. This policy brief identifies three plausible sources of variation among the Chinese industrial actors. It offers suggestions to Chinese industrial actors and to those concerned about China’s role in global governance, with the purpose of reducing misunderstanding and building trust between Chinese industrial actors and businesses, regulators, non-governmental organizations and stakeholders from other parts of the world in developing global standards for good governance.
  • Topic: Development, Industrial Policy, Governance
  • Political Geography: China, Asia
  • Author: Raya Pakzad
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Efforts are being made to use information and communications technologies to improve accountability in providing refugee aid. However, there remains a pressing need for increased accountability and transparency when designing and deploying humanitarian technologies. This paper outlines the challenges and opportunities of emerging technologies, such as machine learning and blockchain, in the refugee system. The paper concludes by recommending the creation of quantifiable metrics for sharing information across both public and private initiatives; the creation of the equivalent of a “Hippocratic oath” for technologists working in the humanitarian field; the development of predictive early-warning systems for human rights abuses; and greater accountability among funders and technologists to ensure the sustainability and real-world value of humanitarian apps and other digital platforms.
  • Topic: Science and Technology, Refugee Issues, Digital Economy, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Daniel Henstra, Jason Thistlethwaite
  • Publication Date: 03-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: To maximize the effectiveness of flood risk management, city governments should employ multiple policy instruments to balance the objectives of resilience (i.e., risk reduction), efficiency (i.e., benefits exceed costs) and legitimacy (i.e., political and public support). Flood risk management instruments differ to the extent that they emphasize some of these objectives over others, so informed trade-offs are required when selecting and combining them. Contextual factors, such as available resources, the level of flood risk and the degree of public risk awareness, are also salient when choosing among policy instruments for flood risk management.
  • Topic: Natural Disasters, Legitimacy, Public Health, Flood
  • Political Geography: Global Focus
  • Author: Robert Fay, Angelo Arcelli
  • Publication Date: 04-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Following the 2008 financial crisis, the Group of Twenty embarked on an ambitious financial regulatory reform plan that has seen many banks worldwide make substantial progress in terms of both capitalization and governance. Over this period, banks have also become increasingly exposed to business risks from digitization, artificial intelligence and cybercrime, and major investments are necessary to manage these risks. New regulations have been introduced in the European Union to reduce these risks, but their associated costs have potentially created a lasting competitive disadvantage for European banks. This situation has raised some key questions that deserve to be discussed and investigated: How does regulation — including that outside the sector — affect banks’ ability to compete globally? What will be the impact of fintech players as well as globally active banks from China and other emerging markets? Can the Basel regulatory framework and Financial Stability Board (FSB) ensure a level playing field globally going forward, or has the regulatory pendulum swung too far? How will the supervisory approach need to be adapted to the changing structure of the global financial system? Moreover, how will the implementation of Basel reforms affect the industry? These and other questions remain about the effectiveness of the already-achieved reforms as well as their future direction. These issues were at the core of CIGI and Oliver Wyman’s fifth annual Financial Regulatory Outlook Conference, held in Rome on November 28, 2018. This conference report summarizes the key points of discussions at the conference, with a special focus on the 10 years of regulatory reform that was conducted under the auspices of the FSB and the new forces that are currently affecting banks and could have an impact on the future.
  • Topic: Financial Crisis, Regulation, Europe Union, digital culture
  • Political Geography: Europe, Global Focus
  • Author: Walter Kölin
  • Publication Date: 04-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The number of internally displaced persons is at a record high, with most living in protracted displacement. While the humanitarian response in emergency situations is more effective than a decade ago, overall governance — the set of norms, institutions and processes necessary to address internal displacement — remains weak. Using the 1998 UN Guiding Principles on Internal Displacement as the normative point of reference, this paper addresses several questions: What governance gaps and challenges exist in responses to internal displacement? Are there promising new approaches to internal displacement? How can we build on these approaches to make responses more reliable and effective?
  • Topic: Governance, Displacement, Humanitarian Crisis, Internal Displacement
  • Political Geography: Global Focus
  • Author: Sarah Miller
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper considers how responsibility for ensuring refugee protection and access to solutions can be shared more reliably across the United Nations’ system, by examining entry points beyond traditional humanitarian actors (including peace and security actors in the United Nations), as well as the role states can play in supporting a broader response from the UN system. It draws upon a range of literature and concepts, including the Responsibility to Protect doctrine, offering a mapping and analysis of the proposed UN reforms within the humanitarian, development, financial, and peace and security sectors. It then considers how these reforms might be relevant to responsibility sharing in displacement situations and lays out some of the broader challenges to greater responsibility sharing. Finally, the paper provides recommendations for how to more fully engage these other actors — within the United Nations and beyond — to improve the prevention of, response to and resolution of displacement.
  • Topic: Security, United Nations, Refugee Issues, Displacement, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Dan Ciuriak, Maria Piashkina
  • Publication Date: 04-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The digital transformation provides developing economies new opportunities to leapfrog industrial age infrastructure, to draw on the vast knowledge spillovers from the internet, to take advantage of new markets offered by digital platforms and to exploit production possibilities enabled by digital technologies. It also increases the distance to the technological frontier as leading-edge countries race forward, creates new competitive challenges in capturing production mandates in tasks that can be automated and poses daunting new governance challenges. Developing countries can leverage the valuable data they generate, given their population size, rapid adoption of mobile technology and digital procurement potential, to improve the bargains they strike with advanced country suppliers and platforms and in trade negotiations.
  • Topic: Science and Technology, Governance, Digital Economy, digital culture
  • Political Geography: Global South
  • Author: Tristan Harley
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In recent years, significant global attention — much of it through the negotiations of the 2016 New York Declaration and the 2018 Global Compact on Refugees — has been focused on developing more effective and equitable methods for sharing responsibility for refugees. States, international organizations, civil society organizations and academics have also put forward proposals and programs, alongside and in response to these negotiations. This paper examines and compares these initiatives, analyzing their strengths and limitations. It calls for a clearer understanding of the meaning and application of responsibility sharing for the protection of refugees and for further examination as to how the refugee regime interacts with other areas of international governance. It also highlights opportunities associated with incorporating refugees within broader development or human mobility initiatives, while it reiterates the need to preserve the principal humanitarian purpose of refugee protection and the provision of durable solutions through effective responsibility sharing. It proposes transitioning refugee financing and refugee resettlement away from voluntary, ad hoc contributions and toward more concrete legal and financial commitments, while accounting for states’ differing capacities and resources. One approach to implementing these changes is to bring together the actors who are most capable, most responsible and most vulnerable, within a mini-multilateral framework.
  • Topic: Migration, Refugee Issues, Displacement, Humanitarian Crisis
  • Political Geography: Global Focus
  • Author: Dragana Kaurin
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: For the millions of refugees fleeing conflict and persecution every year, access to information about their rights and control over their personal data are crucial for their ability to assess risk and navigate the asylum process. While asylum seekers are required to provide significant amounts of personal information on their journey to safety, they are rarely fully informed of their data rights by UN agencies or local border control and law enforcement staff tasked with obtaining and processing their personal information. Despite recent improvements in data protection mechanisms in the European Union, refugees’ informed consent for the collection and use of their personal data is rarely sought. Using examples drawn from interviews with refugees who have arrived in Europe since 2013, and an analysis of the impacts of the 2016 EU-Turkey deal on migration, this paper analyzes how the vast amount of data collected from refugees is gathered, stored and shared today, and considers the additional risks this collection process poses to an already vulnerable population navigating a perilous information-decision gap.
  • Topic: United Nations, Refugee Issues, European Union, Asylum, Humanitarian Crisis
  • Political Geography: Europe, Turkey, Asia
  • Author: Olena Ivus, Marta Paczos
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In recent years, Canada has adopted the Comprehensive Economic and Trade Agreement (CETA), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Canada-United States-Mexico Agreement (CUSMA). Like other modern international trade agreements, CETA, the CPTPP and the CUSMA include protections for innovators’ profits and technologies in the form of intellectual property rights (IPRs) regulations. These trade agreements will have a first-order impact on the volume and composition of trade in goods and innovation with sensitive intellectual property (IP) in Canada, as well as having an impact on global welfare distribution. But is Canada’s membership in these agreements good for Canadian firms looking to compete globally? This paper begins with a review of the IP protections instituted through recent trade deals involving Canada. It discusses the nature and scope of Canada’s IP obligations under CETA, the CPTPP and the CUSMA and explains how these obligations fit within the current Canadian legal framework. The changes in the standards of IPRs under these agreements will have a first-order impact on the volume and composition of trade in IP-sensitive goods, innovation and global welfare distribution and so deserve thorough debate. The paper then proceeds with a broader discussion of the reasons to include IP provisions in international trade agreements and the rationale for international coordination of the IPRs policy. Next, the paper discusses how IP provisions in trade agreements limit the freedom to use IP policy to promote national interests, while acknowledging that the various IP obligations are counterbalanced by several flexibilities, including the right to establish local exhaustion policies. The paper concludes with policy recommendations.
  • Topic: International Trade and Finance, NAFTA, Trans-Pacific Partnership, Innovation, USMCA
  • Political Geography: United States, China, Canada, Asia, North America, Mexico